Waterson v Lloyd & Anor [2011] EWHC 3197 (QB) (08 December 2011)

Waterson v Lloyd & Anor [2011] EWHC 3197 (QB) (08 December 2011)

The publications complained of bear the meaning that the claimant was guilty of abuse of Parliamentary rules for his own financial advantage, which is a defamatory statement of fact, not comment or opinion. The defence of honest comment is not available as the publications are statements of fact.

Citation
[2011] EWHC 3197 (QB)
Parties
Claimant: Nigel Waterson; Defendant: Stephen Lloyd MP; Defendant: Rebecca Carr
Jurisdiction
England and Wales
Judgment Date
08 December 2011
Procedural Posture
Libel Action / Summary Judgment on Liability
Outcome
Judgment for claimant on liability; damages or other relief to be determined later.
Legal Topics
Libel, Distinction Between Fact and Comment, Mps' Expenses Scandal, Fair Comment Defence, Election Campaign Publications

Case Brief

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Parties

Nigel Waterson

Claimant

Stephen Lloyd MP

Defendant

Rebecca Carr

Defendant

Procedural Posture

Libel Action / Summary Judgment on Liability

  1. 1 What is the meaning of the publications complained of?
  2. 2 Are the publications statements of fact or comment/opinion?
  3. 3 Are the publications defamatory?

Ratio Decidendi

The publications complained of bear the meaning that the claimant was guilty of abuse of Parliamentary rules for his own financial advantage, which is a defamatory statement of fact, not comment or opinion. The defence of honest comment is not available as the publications are statements of fact.

Court Disposition

Judgment for claimant on liability; damages or other relief to be determined later.

Orders

  • Summary judgment entered for claimant on liability.
  • Issues as to relief to be determined separately if not agreed.